A group, the American Veterans of Igbo Descent (AVID) has faulted the Federal High Court ruling which dismissed the no-case submission filed by Indigenous People of Biafra (IPOB) leader, Mazi Nnamdi Kanu, describing it as a miscarriage of justice.
Justice James Omotosho, in a ruling on Friday, held that the Department of State Services (DSS) had established a prima facie case against Kanu and ordered him to open his defence in the terrorism charges brought by the Federal Government.
But in a statement signed by its president, Dr. Sylvester Onyia, AVID insisted the court ignored both constitutional safeguards and statutory provisions.
AVID cited Section 303(3) of the Administration of Criminal Justice Act (ACJA) 2015, stressing that the only test for a no-case submission is whether the prosecution’s evidence is strong enough to ground a conviction.
“The answer, from the record of proceedings, is an emphatic ‘No.’ No essential element of the offences was proven. No link was established to Kanu. Yet the court refused to follow the law,” the group said.
According to AVID, no witness testified to being incited by Kanu, no investigation tied him to any offence, and no physical evidence — “no bomb, no bullet, no gun” — was presented in court.
The group also faulted the basis of the charges, pointing out that they were framed under the repealed Terrorism Prevention (Amendment) Act 2013, rather than the Terrorism Prevention and Prohibition Act 2022.
“A repealed law cannot sustain a criminal prosecution. Once a charge rests on a dead statute, no prima facie case exists,” AVID argued, describing the ruling as a “jurisdictional nullity.”
AVID further accused the court of disregarding Section 36 of the 1999 Constitution, which guarantees the right to a fair trial.
“These protections are non-derogable. Any violation terminates the trial as a matter of law. Yet the court pressed on, undermining confidence in the judiciary,” the group added.
The organisation described the ruling as a disappointment to Nigerians who see the judiciary as the last hope of the common man, warning that justice must not be sacrificed to political pressure.
“Any trial that ignores the Constitution and the law is no trial at all. Justice must not be compromised for political considerations,” AVID declared.
